The Kerala High Court has observed that a female who attains the age of 23 would become eligible to have a surrogate child and ineligible on the preceding day of her 50th birthday anniversary as per the provisions of the Surrogacy (Regulation) Act 2021.
The court made the observation recently while dismissing a writ petition filed by a 46-year-old wife and her 52-year-old husband challenging the refusal of the Kerala State Assisted Reproductive Technology and Surrogacy Board to give them certificate for doing surrogacy. The petitioners were refused the certificate on the ground the wife had crossed the age limit of 50. The relevant provisions said that females between the age of 23 and 50 and males between 26 and 55 are entitled to an eligibility certificate for doing surrogacy
Vidya Kuriakose, government pleader, submitted that as per the wife’s school admission register, she had completed the age of 50 years. It was in that context that the board had refused to give her the certificate.
The court observed that it was reasonable to presume that the legislature had imposed the age restrictions, considering the normal age at which women conceive a biological child. The petitioner’s wife was ineligible for a certificate under Section 4(c) of the Act.
Published – February 15, 2025 01:43 am IST
